The Commission recommends:

That communities undertake, as an urgent priority, the reform of their lower criminal court systems to insure fair and individual justice for all. The 1967 report of the President's Commission on Law Enforcement and Administration of Justice provides the blueprint for such reform.

That communities formulate a plan for the administration of justice in riot emergencies. Under the leadership of the organized bar, all segments of the community, including minority groups, should be involved in drawing up such a plan. The plan should provide clear guidelines for police on when to arrest or use alternatives to arrest. Adequate provision must be made for extra judges, prosecutors, defense counsel, court and police personnel to provide prompt processing, and for well-equipped detention facilities. Details of the plan should be publicized so the community will know what to expect if an emergency occurs.

That existing laws be reviewed to insure their adequacy for riot control and the charging of riot offenders and for authority to use temporary outside help in the judicial system. ■ That multiple-use processing forms (such as those used by the Department of Justice for mass arrests) be obtained. Centralized systems for recording arrests and locations of prisoners on a current basis should be devised, as well as fast systems to check fingerprint identification and past records. On-the-spot photographing of riot defendants may also be helpful. ■That communities adopt station house summons and release procedures (such as are used by the New York City Police Department) in order that they be operational before an emergency arises. All defendants who appear likely to return for trial and not to engage in renewed riot activity should be summonsed and released.

That recognized community leaders be admitted to all processing and detention centers to avoid allegations of abuse or

fraud and to reassure the community about the treatment of arrested persons.

■ That the bar in each community undertake mobilization of all available lawyers for assignment so as to insure early individual legal representation to riot defendants through disposition and to provide assistance to prosecutors where needed. Legal defense strategies should be planned and volunteers trained in advance. Investigative help and experienced advice should be provided.

■ That communities and courts plan for a range of alternative conditions to release, such as supervision by civic organizations

or third-party custodians outside the riot area, rather than to rely on high money bail to keep defendants off the streets. The courts should set bail on an individual basis and provide for defense counsel at bail hearings. Emergency procedures for fast bail review are needed.

■ That no mass indictments or arraignments be held and reasonable bail and sentences be imposed, both during or after the riot. Sentences should be individually considered and presentence reports required. The emergency plan should provide for transfer of probation officers from other courts and jurisdictions to assist in the processing of arrestees.

Chapter 14

Damages: Repair and Compensation

The President, in his charge to the Commission, requested advice on the "proper public role in helping cities repair the damage" suffered in the recent disorders.

Damage took many forms. In Detroit alone, 43 persons were killed, many of whom were heads of families. Over 600 persons were injured. Fire destroyed or badly damaged at least 100 single and two-family dwellings. Stores of all kinds were looted and burned. Hundreds of businesses lost revenue by complying with a curfew, and thousands of citizens lost wages because businesses were closed. As the riot came to an end, streets and sidewalks were strewn with rubble, and citizens were imperiled by the shells of burned-out buildings verging on collapse.

In most other disorders, the extent of damage was far less, but in almost all, a few persons suffered severe physical or financial injury.

Some losses, such as pain and suffering, cannot be repaired or compensated. Others are normally handled through private insurance. The Commission believes that legislation should be enacted to provide fuller assistance to communities and to help expand the private insurance mechanism for compensating individual losses.

AMENDING THE FEDERAL DISASTER ACT

The Federal Government has traditionally played

a central role in responding to community needs that follow such disasters as hurricanes, tornadoes, floods, and earthquakes. Until 1950, this Federal response was accomplished through special legislation after each disaster. In 1950, Congress enacted the Federal Disaster Act to enable the President, in cases of "major disaster," to invoke a broad range of emergency relief and repair measures without awaiting special legislation. This act with subsequent amendments has, however, been interpreted administratively to apply only to natural disasters and not to civil disorders.

The Commission recommends that Congress amend the Federal Disaster Act to permit assistance during and following major civil disorders. The hardships to a community can be as serious as those following natural catastrophes, and local government resources to meet these hardships are likely to be inadequate regardless of their cause.

Applying the Disaster Act to disorders would permit the Federal Government to provide during the critical period while the disorder is still going on or just ending-food, medical, and hospital supplies, emergency equipment such as beds and tents and temporary shelters and housing. It would also permit the loan of equipment and manpower for clearing debris and repairing or temporarily replacing damaged public facilities.

In 1967, these necessities were largely provided through the prompt and laudable actions of local and state government agencies and of private organiza

tions including churches and neighborhood groups.1 Provision for additional help is desirable. Though some food and medical assistance can now be provided by the Federal Government outside the Disaster Act, adequate and comprehensive Federal assistance to supplement private and local response can be assured only by amending the statute.

Perhaps even more important than the provisions for immediate response are those that would aid longterm repair. In cases of natural disaster, the Disaster Act in its present form permits adjustments on many Federal loans where financial hardship has resulted to the borrower; gives priority status to grant or loan applications for public facilities, public housing and public works; provides grants and matching grants for the repair or reconstruction of key public facilities; permits low-interest loans by the Small Business Administration to businesses that have suffered serious

1 The kinds of planning recommended at a state and local level to meet human needs during the course of a disorder and the coordination of such planning with the planning of control forces are considered in the "Supplement on Control of Disorders," pp. 281-83.

economic damage; and extends to individuals and businesses tax deductions beyond those normally available for catastrophe losses.2 The act should be amended to make all these kinds of relief available following major civil disorders.

COMPENSATING FOR INDIVIDUAL LOSSES INSURANCE

In the aftermath of the summer's riots in 1967, insurance protection was an important source of security and reimbursement for innocent victims who suffered property damage.

We believe that a well-functioning private insurance mechanism is the proper method for paying individuals

"A few kinds of long-term assistance are already available under acts other than the Federal Disaster Act. The Small Business Administration can provide long-term loans up to the actual tangible loss suffered by business concerns. Loans of this kind were made by SBA in Detroit. The Department of Housing and Urban Development is authorized to insure mortgages of families in certain low- and moderate-income housing if it determines that the dwelling is situated in an area in which "rioting or other civil disorders" have occurred or are threatened and that certain other conditions are satisfied.